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SOUTH KOREA (REPUBLIC OF KOREA): Sign the on line petition to urge the south Korean Government to ratify ICC Bill

November 3, 2002

URGENT ACTION URGENT ACTION URGENT ACTION URGENT ACTION URGENT ACTION
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ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAM
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02 November 2002
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UA-53-2002: Sign the on line petition to urge the south Korean Government to ratify ICC Bill
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South Korea (Republic of Korea): Prevention of grave crimes, international justice
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One of the most important step towards finding international justice to grave human rights violations and grace crimes has been achieved through the establishment of International Criminal Court (ICC) on the 1 July 2002. NGOs played a key role in brining this court to a reality, lobbying many governments to support it. However, there are very few ratifications from the Asian region thus undermining universal representation in the Assembly of State Parties of ICC.
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There is an urgency as the year is nearly coming to a close, and the new International Criminal Court slowly coming into full being. The end of the year marks the end of the nomination period for judges, which were supposed to represent all the legal systems of the world. Unfortunately, the lack of ratifications from Asia prevents our region from being fairly represented in the Court’s nomination process.
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Asian Human Rights Commission (AHRC), an independent regional human rights organization based in Hong Kong SAR which is also the East Asia sub-regional focal point of the NGO Coalition for the ICC (CICC), have launched an on line petition and urges you to sign this online petition to appeal to President Kim Dae Jung, leaders of main political parties and national assembly persons of ROK to support the ratification bill for the ICC statutes to be presented to the parliament of ROK around 4 or 5 November 2002.
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Ratification of the International Criminal Court (ICC) statutes by ROK will be a significant step in demonstrating the ROK's support for this important and independent legal body which will work towards seeking justice to victims as well as preventing serious crime such as war crime, genocide, crimes against humanity and crimes of aggression. Korea had suffered a lot in the past from such crimes and learning from that bitter past, we should do our best not to repeat that past in our future. In such spirit ICC will function as a deterrent to such crimes as well as assisting victims of such crimes in future. It is also clear that the ICC as a responsible, independent and effective institution, represents an extension of the concept of the rule of law over the rule of force, a concept embodied at the regional level by the institutions of the European Union, the Organization of American States, the Organization of African Unity, the ASEAN, SAARC, among others.
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There is an urgency as the year is nearly coming to a close, and the new International Criminal Court slowly coming into full being. The end of the year marks the end of the nomination period for judges, which were supposed to represent all the legal systems of the world. Unfortunately, the lack of ratifications from Asia prevents our region from being fairly represented in the Court’s nomination process.
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ROK will be able to actively participate in all aspects of the ICC by ROK ratifying the ICC statutes by 4 or 5 November 2002.
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ROK's ratification will further encourage other Asian states to follow this good example and work towards more ratifications by many other Asian states.
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By signing this on-line petition, as an automated process, you will be sending a number of appeal e-mails to the president of ROK, National Human Rights Commission or ROK, political party leaders and key national assembly members.
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How to sign the petition:
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* If you have web access:
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The link to the petition is: http://ahrchk.net/ua/skorea_icc/
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** If you do not have web access: Please send an e-mail to: sanjeewa@ahrchk.org with following information:
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Name:
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Organisation (if any):
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Country:
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E-mail address:
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Please also share this appeal with your friends as much as possible to rally more signatures and through that sending e-mail appeals to above persons.
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Thank you.
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AHRC Urgent Appeals Programme
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Please contact the Urgent Appeals coordinator if you require more information or wish to report human rights violations.
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AHRC Urgent Appeals Programme
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Asian Human Rights Commission
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Unit D, 7th Floor, Mongkok Commercial Centre,
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16 - 16B Argyle Street, Kowloon, HONGKONG
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Tel: +(852) - 2698-6339
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Fax: +(852) - 2698-6367
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E-mail: ua@ahrchk.org
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UA-53-2002
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Extended Introduction: Urgent Appeals, theory and practice

A need for dialogue

Many people across Asia are frustrated by the widespread lack of respect for human rights in their countries.  Some may be unhappy about the limitations on the freedom of expression or restrictions on privacy, while some are affected by police brutality and military killings.  Many others are frustrated with the absence of rights on labour issues, the environment, gender and the like. 

Yet the expression of this frustration tends to stay firmly in the private sphere.  People complain among friends and family and within their social circles, but often on a low profile basis. This kind of public discourse is not usually an effective measure of the situation in a country because it is so hard to monitor. 

Though the media may cover the issues in a broad manner they rarely broadcast the private fears and anxieties of the average person.  And along with censorship – a common blight in Asia – there is also often a conscious attempt in the media to reflect a positive or at least sober mood at home, where expressions of domestic malcontent are discouraged as unfashionably unpatriotic. Talking about issues like torture is rarely encouraged in the public realm.

There may also be unwritten, possibly unconscious social taboos that stop the public reflection of private grievances.  Where authoritarian control is tight, sophisticated strategies are put into play by equally sophisticated media practices to keep complaints out of the public space, sometimes very subtly.  In other places an inner consensus is influenced by the privileged section of a society, which can control social expression of those less fortunate.  Moral and ethical qualms can also be an obstacle.

In this way, causes for complaint go unaddressed, un-discussed and unresolved and oppression in its many forms, self perpetuates.  For any action to arise out of private frustration, people need ways to get these issues into the public sphere.

Changing society

In the past bridging this gap was a formidable task; it relied on channels of public expression that required money and were therefore controlled by investors.  Printing presses were expensive, which blocked the gate to expression to anyone without money.  Except in times of revolution the media in Asia has tended to serve the well-off and sideline or misrepresent the poor.

Still, thanks to the IT revolution it is now possible to communicate with large audiences at little cost.  In this situation there is a real avenue for taking issues from private to public, regardless of the class or caste of the individual.

Practical action

The AHRC Urgent Appeals system was created to give a voice to those affected by human rights violations, and by doing so, to create a network of support and open avenues for action.  If X’s freedom of expression is denied, if Y is tortured by someone in power or if Z finds his or her labour rights abused, the incident can be swiftly and effectively broadcast and dealt with. The resulting solidarity can lead to action, resolution and change. And as more people understand their rights and follow suit, as the human rights consciousness grows, change happens faster. The Internet has become one of the human rights community’s most powerful tools.   

At the core of the Urgent Appeals Program is the recording of human rights violations at a grass roots level with objectivity, sympathy and competence. Our information is firstly gathered on the ground, close to the victim of the violation, and is then broadcast by a team of advocates, who can apply decades of experience in the field and a working knowledge of the international human rights arena. The flow of information – due to domestic restrictions – often goes from the source and out to the international community via our program, which then builds a pressure for action that steadily makes its way back to the source through his or her own government.   However these cases in bulk create a narrative – and this is most important aspect of our program. As noted by Sri Lankan human rights lawyer and director of the Asian Human Rights Commission, Basil Fernando:

"The urgent appeal introduces narrative as the driving force for social change. This idea was well expressed in the film Amistad, regarding the issue of slavery. The old man in the film, former president and lawyer, states that to resolve this historical problem it is very essential to know the narrative of the people. It was on this basis that a court case is conducted later. The AHRC establishes the narrative of human rights violations through the urgent appeals. If the narrative is right, the organisation will be doing all right."

Patterns start to emerge as violations are documented across the continent, allowing us to take a more authoritative, systemic response, and to pinpoint the systems within each country that are breaking down. This way we are able to discover and explain why and how violations take place, and how they can most effectively be addressed. On this path, larger audiences have opened up to us and become involved: international NGOs and think tanks, national human rights commissions and United Nations bodies.  The program and its coordinators have become a well-used tool for the international media and for human rights education programs. All this helps pave the way for radical reforms to improve, protect and to promote human rights in the region.